Victor Tadros thinks the idea that in a conflict both sides may permissibly use force should (typically) be rejected. Thus, he thinks that two shipwrecked persons should not fight for the only available flotsam (which can only carry one person) but instead toss a coin, and that a bomber justifiably attacking an ammunitions factory must not be counterattacked by the innocent bystanders he endangers. I shall argue that Tadros’s claim rests on unwarranted assumptions and is also mistaken in the light (...) of the moral reasoning that he himself offers in support of his ‘means principle’. (shrink)

I shall argue that in some wars both sides are (as a collective) justified, that is, they can both satisfy valid jus ad bellum requirements. Moreover, in some wars – but not in all – the individual soldiers on the unjustified side (that is, on the side without jus ad bellum) may nevertheless kill soldiers (and also civilians as a side-effect) on the justified side, even if the enemy soldiers always abide by jus in bello constraints. Traditional just war theory (...) and self-proclaimed “revisionist” just war theory think otherwise since the former focuses on the law enforcement or public authority justification for inflicting harm and the latter on the self-defense justification. These are both intrinsically asymmetrical justifications: there is no justified self-defense (properly understood) against justified self-defense, nor is there justified law-enforcement against justified law-enforcement. However, there can, as I will show, be justified self-defense against force that is justified by a necessity justification, and there can be force justified by a necessity justification being used against force that is also justified by a necessity justification. The necessity justification is not intrinsically asymmetrical, and it is an indispensable justification in the context of war. Moreover, with regard to some forms of inflicting harm on others one may give special weight to one’s own interests and the interests of those to whom one has special responsibilities when assessing the proportionality of those acts. That is, the proportionality calculation may be agent-relative. This is in particular so in the case of foreseeably preventing innocent and non-threatening people from being saved (for instance, by shooting down a tactical bomber who would have saved them by destroying an ammunitions factory) but less so in the case of the intentional or foreseeable direct harming of innocent and non-threatening people (dropping bombs on people standing near an ammunitions factory). In the light of these considerations, I will then answer the question as to when soldiers may justifiably participate in war (and when not). (shrink)

This essay investigates the demands on adult children to provide care for their elderly/ill parents from a socio-moral perspective. In order to narrow the examination, the question pursued here is agent-relative: What social and moral complexities are involved for the adult child when her parent(s) need care? First, this article examines our society’s expectation that adult children are morally obligated to provide care for their parents. Second, the essay articulates how transgressing against this normative expectation can inure significant (...) moral criticism. The final sections present these tensions within the context of disability. (shrink)

The agent-relative/agent-neutral distinction is one of the most important in contemporary moral theory. Yet, providing an adequate formal account of it has proven difficult. In this article I defend a new formal account of the distinction, one that avoids various problems faced by other accounts. My account is based on an influential account of the distinction developed by McNaughton and Rawling. I argue that their approach is on the right track but that it succumbs to two serious (...) objections. I then show how to formulate a new account that follows the key insights of McNaughton and Rawling’s approach yet avoids the two objections. (shrink)

Andrew Forcehimes and Luke Semrau argue that agent-relative consequentialism is implausible because in some circumstances it classes an act as impermissible yet holds that the outcome of all agents performing that impermissible act is preferable. I argue that their problem is closely related to Derek Parfit's problem of ‘direct collective self-defeat’ and show how Parfit's plausible solution to his problem can be adapted to solve their problem.

It is now generally understood that constraints play an important role in commonsense moral thinking and generally accepted that they cannot be accommodated by ordinary, traditional consequentialism. Some have seen this as the most conclusive evidence that consequentialism is hopelessly wrong,1 while others have seen it as the most conclusive evidence that moral common sense is hopelessly paradoxical.2 Fortunately, or so it is widely thought, in the last twenty-five years a new research program, that of Agent-Relative Teleology, has (...) come to the rescue on all sides. While consequentialism says that every agent ought always to do that action that will bring about the most good, according to Agent- Relative Teleology. (shrink)

In a recent paper, Jonathan Quong tries to offer further support for “the proposition that there are sometimes agent-relative prerogatives to harm nonliable persons.” In this brief paper, I will demonstrate that Quong’s argument implicitly relies on the premise that the violinist in Thomson’s famous example has a right not to be unplugged. Yet, first, Quong provides no argument in support of this premise; and second, the premise is clearly wrong. Moreover, throughout his paper Quong just question-beggingly and (...) without argument assumes that one cannot lose rights in other ways than by one’s own responsible action. I conclude that Quong has failed to provide further support for his thesis. (shrink)

Could it be true that even though we as a group ought to do something, you as an individual ought not to do your part? And under what conditions, in particular, could this happen? In this article, I discuss how a certain kind of case, introduced by David Copp, illustrates the possibility that you ought not to do your part even when you would be playing a crucial causal role in the group action. This is because you may have special (...) agent-relative reasons against participating that are not shared by the group as a whole. I defend the claim that these are indeed cases in which you ought not to do your part in what the group ought to do. I then argue that we can expect these cases to produce a troubling kind of rational conflict. (shrink)

This paper is not so much concerned with the question under which circumstances self-defense is justified, but rather with other normative features of self-defense as well as with the source of the self-defense justification. I will argue that the aggressor’s rights-forfeiture alone – and hence the liberty-right of the defender to defend himself – cannot explain the intuitively obvious fact that a prohibition on self-defense would wrong victims of attack. This can only be explained by conceiving of self-defense also as (...) a claim-right. However, I will also argue that a claim-right cannot ground the self-defense justification either. Rather, what grounds the self-defense justification and its particular strength and scope is the fact that self-defense is an act-specific agent-relative prerogative: a defender is allowed to give particularly grave weight to his interest in engaging in self-defense, which distinguishes self-defense from most other acts. This is not the same as saying that he has a right or a liberty to engage in self-defense. Thus, self-defense, understood as a normative concept, is a claim-right, a liberty-right, and an act-specific agent-relative prerogative. (shrink)

In the standard theory of deontic modals, ‘ought’ is understood as expressing a propositional operator. However, this view has been called into question by Almotahari and Rabern’s puzzle about deontic ‘ought’, according to which the ethical principle that one ought to be wronged by another person rather than wrong them is intuitively coherent but the standard theory makes it incoherent. In this paper, I take up Almotahari and Rabern’s challenge and offer a refinement of the standard theory to handle the (...) puzzle. I propose that ‘ought’ is evaluated relative to contextual parameters (e.g., Kratzer’s conversational backgrounds, Finlay and Snedegar’s alternative sets) and those contextual parameters are sensitive to agents as well as possible worlds. (shrink)

Absolutism—the idea that some kinds of acts are absolutely wrong and must never be done—plays an important role in medical ethics. Nicholas Denyer has defended it from some influential consequentialist critics who have alleged that absolutism is committed to “agent-relative constraints” and therefore intolerably complex and messy. Denyer ingeniously argues that, if there are problems with agent-relative constraints, then they are problems for consequentialism, since it contains agent-relative constraints, too. I show that, despite its (...) ingenuity, Denyer’s argument does not succeed. The defense of absolutism must move to other grounds. (shrink)

Nicomachean Ethics/NE, Book III, Chapters 1-5, provides Aristotle’s account of “Voluntary Movement.” It, thus, draws the Passion-Action distinction, only posited earlier in Categories, while also serving as the linchpin of NE’s discussion of Virtue, in explicitly connecting it to Right Reason. My explication of this text renders its terminology consistent with the Law of Excluded Middle and rebuts two criticisms of the Eudaimonistic Axiology on which it is based. These results are shown to be entailments of Aristotle’s doctrine that Voluntary (...) is (a) Relative. That categorization is then used to help treat a problematic case of Deliberation beyond his purview. (shrink)

Forgiveness as a positive response to wrongdoing is a widespread phenomenon that plays a role in the moral lives of most persons. Surprisingly, Kant has very little to say on the matter. Although Kant dedicates considerable space to discussing punishment, wrongdoing and grace, he addresses the issues of human forgiveness directly only in some short passages in the Lectures on Ethics and in one passage of the Metaphysics of Morals. As noted by Sussman, the TL passage, however, betrays some ambivalence. (...) Kant establishes a duty of virtue to be forgiving (TL, 6:460), yet he immediately warns against its excess: meek toleration of recurrent wrongs could manifest a lack of self-respect and a violation of a duty to oneself (TL, 6:461). Sussman claims that this ambivalence ultimately arises from the fact that forgiveness sits uncomfortably in Kant’s moral thought. First, forgiveness has an ‘ineluctably elective aspect’ that makes it, to a certain extent, arbitrary and dependent on particular features of the forgiver’s psychology and, as such, in tension with Kant’s central claims that human beings are autonomous agents capable of determining their own moral status. Second, according to Sussman, Kant’s moral retributivism, i.e. ‘the particular moral position that every moral wrong against another deserves punishment of the wrongdoer’ seems to be in tension with the possibility of a ‘truly redemptive forgiveness’. Moreover, forgiveness also seems to be in tension with a passage of the Religion in which Kant argues that the moral guilt from our original evil disposition cannot be understood as a debt or liability that can be compensated, erased, transferred or otherwise wiped out by others (Rel, 6:72). Thus, to the extent that forgiveness might be thought to involve the forgoing of moral guilt, it seems incompatible with Kant’s views on culpability and punishment. This chapter seeks to clarify Kant’s views on forgiveness in order to show that, although not often appreciated, personal forgiveness plays an important role in the lives of ordinary human agents as understood by Kant. In particular, I aim to show there is a conception of forgiveness available to Kant that is not incompatible with Kant’s views of punishment and culpability. In Section 1, I argue that, for Kant, far from being merely ‘elective,’ forgiveness is, under certain conditions, morally required. I provide a brief summary of an interpretation of Kant’s theory of forgiveness that I have defended in recently published work , in order to argue that Kant’s duty to be forgiving should be understood as an imperfect duty of virtue which is conditional on repentance. Kant is not ambivalent about this duty because he maintains that when the relevant conditions are not met, we have a perfect duty to ourselves not to forgive unrepentant wrongdoers. The TL passage thus identifies two different duties. In Section 2, I show that forgiveness, as conceptualised by Kant, does not require the forgoing of punishment or the overcoming of moral guilt and that this could, in fact, be seen as an attractive feature of Kant’s position. I end by offering a very brief assessment of Kant’s views. (shrink)

There is a widely accepted distinction between being directly responsible for a wrongdoing versus being somehow indirectly or vicariously responsible for the wrongdoing of another person or collective. Often this is couched in analyses of complicity, and complicity’s role in the relationship between individual and collective wrongdoing. Complicity is important because, inter alia, it allows us to make sense of individuals who may be blameless or blameworthy to a relatively low degree for their immediate conduct, but are nevertheless blameworthy to (...) a higher degree for their implication in some larger (or another person’s) wrongdoing. In this paper, I argue that there is a distinctively epistemic kind of complicity. First, I motivate the distinction between direct and vicarious responsibility with three interlocking arguments, respectively appealing to: i) the structure of rational agency; ii) linguistic considerations; iii) the role of “principal vs. accomplice” in legal doctrine. I show how these arguments naturally extend to the epistemic domain, motivating an epistemic form of vicarious responsibility. I then examine complicity as a mechanism of vicarious epistemic responsibility. To fill this out, I engage with an epistemic analogue of the debate about the role of intention versus causal contribution in complicity. I propose a Casual Account of Epistemic Complicity, arguing that it accommodates a wide range of cases, and enables fine-grained explanations of degrees of culpability for epistemic complicity. With an adequate account of epistemic complicity on hand, we can explain what is objectionable about an important class of epistemic agent who, on an individual level, may be epistemically blameless or blameworthy to a relatively low degree, but whose relation to other individuals or collectives nevertheless makes them epistemically blameworthy to a higher degree. I explore some broader implications of this result. (shrink)

I argue that moral skill is limited and precarious. It is limited because global moral skill—the capacity for morally excellent behaviour within an über action domain, such as the domain of living, or of all-things-considered decisions, or the same kind of capacity applied across a superset of more specific action domains—is not to be found in humans. It is precarious because relatively local moral skill, while possible, is prone to misfire. My arguments depend upon the diversity of practical structures confronting (...) human agents, the limitations of human skill learning and reason-sensitivity, and the failure of moral considerations to respect the social and institutional boundaries we develop to structure our practical lives. (shrink)

This article examines how specific realist and projectivist versions of manipulability theories of causation deal with the problem of objectivity. Does an agent-dependent concept of manipulability imply that conflicting causal claims made by agents with different capacities can come out as true? In defence of the projectivist stance taken by the agency view, I argue that if the agent’s perspective is shown to be uniform across different agents, then the truth-values of causal claims do not vary arbitrarily and, (...) thus, reach a satisfactory level of objectivity. My argument connects Price’s considerations on the situation of deliberation, whose structure, common to all agents, is the same with respect to both decision making and causal claims on a concept inspired by Douglas’s classification of objectivity of thought processes: the perspective of the detached agent. I further argue that, despite his agent-independent concept of intervention, Woodward’s claim of a stronger objectivity standard cannot be achieved, as the relativity of causal concepts to a variable set brings about the issue of the agent’s choice of variables. Consequently, a more permissive objectivity standard applies to both views. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

The distinction between intentional and unintentional discrimination is a prominent one in the literature and public discourse; intentional discriminatory actions are commonly considered particularly morally objectionable relative to unintentional discriminatory actions. Nevertheless, it remains unclear what the two types amount to, and what generates the moral difference between them. The paper develops philosophically-informed conceptualizations of the two types based on which the moral difference between them may be accounted for. On the suggested account, intentional discrimination is characterized by the (...) agent viewing the content of an underlying discriminatory belief as a consideration that counts in favor of her action. This, it is argued, amounts to endorsing the discriminatory belief, which generates the particular moral severity of intentional discrimination. (shrink)

Uniformity in human actions and attitudes incumbent with the ceteris paribus clause of folk psychology lucidly transits moral thoughts into the domain of subject versus object-centric explorations. In Zettel, Wittgenstein argues, “Concepts with fixed limits would demand uniformity of behaviour, but where I am certain, someone else is uncertain. And that is the fact of nature.” (Wittgenstein 2007, 68). Reflecting on the moral principle of “ethical giving” revives a novel stance in modern moral philosophy. An “ethical giving” is a moral (...) position that looks at giving from the context of harmonizing the changing demands of situations with normative ethical principles. Despite giving more prominence to the query of intuition, the chapter brings up the justification of normative moral principles pertaining to their applications and purports. Human activities aimed at decision-making goals conducted by the moral compass are nothing but the sanction of certain ethical norms and rules. In this context, two principles, the normative aspect and the perspective aspect need to be expounded in parallel. The perspective-based principle seeks practical guides to action, whereas the normative aspect principle looks for the concrete moral justification behind it. Normatively based moral decisions hinge on the probabilities and interests of agents that can sometimes lead towards a better choice. Thomas Nagel’s thought sounds more appealing, since his idea of practical conflict bends towards “...conflict between values which are incomparable for reasons apart from uncertainty about the facts.” (Nagel 2013, 128). Positions on moral personality and equality of justice collide with the conception of verities of the agents’ reason that cogitate a minimal aspect on the morally significant properties (range properties), which can hardly be possessed by all human beings equally. This argument sounds reasonable in light of Singer’s thought of “the principle of equal consideration of interests.” (Singer 2003, 21–22) The concern of this section is deliberative about how an agent could balance the demand of moral situations and the spirit of the moral principle devoid of being close to the relative truth. The conception of the moral decision remains capricious in line with the agent’s mood, time, and situation. The germane queries are: (a) How could one get the simpliciter of moral balance in “ethical giving” or offering help to the poor, orphans, and so on, who need helps from the agents and society? (b) Can we find any universalized principle in defense of ethical giving? (shrink)

The very existence of society depends on the ability of its members to influence formatively the beliefs, desires, and actions of their fellows. In every sphere of social life, powerful human agents (whether individuals or institutions) tend to use coercion as a favorite shortcut to achieving their aims without taking into consideration the non-violent alternatives or the negative (unintended) consequences of their actions. This propensity for coercion is manifested in the doxastic sphere by attempts to shape people’s beliefs (and doubts) (...) while ignoring the essential characteristics of these doxastic states. I argue that evidential persuasion is a better route to influence people’s beliefs than doxastic coercion. Doxastic coercion perverts the belief-forming mechanism and undermines the epistemic and moral faculties both of coercers and coercees. It succeeds sporadically and on short-term. Moreover, its pseudo doxastic effects tend to disappear once the use of force ceases. In contrast to doxastic coercion, evidential persuasion produces lasting correct beliefs in accordance with proper standards of evidence. It helps people to reach the highest possible standards of rationality and morality. Evidential persuasion is based on the principles of symmetry and reciprocity in that it asks all persuaders to use for changing the beliefs of others only those means they used in forming their own beliefs respecting the freedom of will and assuming the standard of rationality. The arguments in favor of evidential persuasion have a firm theoretical basis that includes a conceptual clarification of the essential traits of beliefs. Belief is treated as a hypercomplex system governed by Leibniz’s law of continuity and the principle of self-organization. It appears to be a mixture consisting of a personal propositional attitude and physical objects and processes. The conceptual framework also includes a typology of believers according to the standards of evidence they assume. In this context, I present a weak version of Clifford’ ethical imperative. In the section dedicated to the prerequisites for changing beliefs, I show how doxastic agents can infuse premeditated or planned changes in the flow of endogenous changes in order to shape certain beliefs in certain desired forms. The possibility of changing some beliefs in a planned manner is correlated with a feedback doxastic (macro-mechanism) that produces a reaction when it is triggered by a stimulus. In relation with the two routes to influence beliefs, a response mechanism is worth taking into consideration – a mechanism governed to a significant extent by human conscience and human will, that appears to be complex, acquired, relatively detached from visceral or autonomic information processing, and highly variable in reactions. Knowing increasingly better this doxastic mechanism, we increase our chances to use evidential persuasion as an effective (although not time-efficient) method to mold people’s beliefs. (shrink)

It is common to distinguish moral rules, reasons, or values that are agent-relative from those that are agent-neutral. One can also distinguish moral rules, reasons, or values that are moment-relative from those that are moment-neutral. In this article, I introduce a third distinction that stands alongside these two distinctions—the distinction between moral rules, reasons, or values that are patient-relative and those that are patient-neutral. I then show how patient-relativity plays an important role in several moral (...) theories, gives us a better understanding of agent-relativity and moment-relativity, and provides a novel objection to Derek Parfit’s “appeal to full relativity” argument. (shrink)

Agents know some but not all logical consequences of what they know. Agents seem to be neither logically omniscient nor logically incompetent. Yet finding an intermediate standard of minimal rationality has proven difficult. In this paper, I take suggestions found in the literature (Lewis, 1988; Hawke, Özgün and Berto, 2020; Plebani and Spolaore, 2021) and join the forces of subject matter and impossible worlds approaches to devise a new solution to this quandary. I do so by combining a space of (...) FDE worlds (Berto and Jago, 2019) with a Lewisian (1988) understanding of subject matters as partitions. By doing so, I show how subject matters impose some order in the anarchic space of FDE worlds, while the worlds allow for distinctions between contents which would not otherwise be available. Combining the two approaches, then, brings us closer to the desired closure principles for knowledge of minimally rational agents. (shrink)

It is commonly held that all deontological moral theories are agent-relative in the sense that they give each agent a special concern that she does not perform acts of a certain type rather than a general concern with the actions of all agents. Recently, Tom Dougherty has challenged this orthodoxy by arguing that agent-neutral deontology is possible. In this article I counter Dougherty's arguments and show that agent-neutral deontology is not possible.

According to the “Textbook View,” there is an extensional dispute between consequentialists and deontologists, in virtue of the fact that only the latter defend “agent-relative” principles—principles that require an agent to have a special concern with making sure that she does not perform certain types of action. I argue that, contra the Textbook View, there are agent-neutral versions of deontology. I also argue that there need be no extensional disagreement between the deontologist and consequentialist, as characterized (...) by the Textbook View. (shrink)

In this paper I intend to analyse the meaning of harm as well as the strength of the reasons against harming provided by harm-states. I will argue that there are two kinds of harms: absolute harms and relative harms. Also, I will argue that when certain harm has been completely covered by considering such harm as absolute, the consideration of such harm as –also– relative is displaced. Such considerations should be taken into account when the suffered harms (...) cannot be entirely explained by considerations regarding absolute harms. If these claims are right, we will have guidelines to measure, among other things, the agent´s moral responsibility in different kind of cases. -/- En este trabajo me propongo analizar tanto qué significa sufrir un daño como la fuerza de las razones en contra de dañar que se derivan de los estados de daño. Argumentaré que existen distintos tipos de daño: absolutos y relativos, y que los primeros son cualitativamente más graves que los segundos. Argumentaré también que, si los daños sufridos pueden ser explicados enteramente en términos de daños absolutos, las consideraciones referidas a los daños relativos no deben entrar en juego. Tales consideraciones sólo deben ser tenidas en cuenta cuando los daños sufridos no puedan ser explicados enteramente en términos de daños absolutos. Si estas afirmaciones son correctas, contaremos con lineamientos que pueden servir de guía para, entre otras cosas, graduar la responsabilidad de los agentes en diferente clase de casos. (shrink)

An idea that has attracted a lot of attention lately is the thought that consequentialism is a theory characterized basically by its agent neutrality.1 The idea, however, has also met with skepticism. In particular, it has been argued that agent neutrality cannot be what separates consequentialism from other types of theories of reasons for action, since there can be agent-neutral non-consequentialist theories as well as agent-relative consequentialist theories. I will argue in this paper that this (...) last claim is false. The paper is divided into four sections. Section one specifies two senses in which consequentialism is agent-neutral. Section two and three examine and reject, respectively, the claim that there are agent-relative consequentialist views as well as agent-neutral non-consequentialist views. I end the paper with some remarks on the plausibility, or better, the implausibility of characterizing consequentialism in terms other than agent neutrality. (shrink)

There is, on a given moral view, an agent-centered restriction against performing acts of a certain type if that view prohibits agents from performing an instance of that act-type even to prevent two or more others from each performing a morally comparable instance of that act-type. The fact that commonsense morality includes many such agent-centered restrictions has been seen by several philosophers as a decisive objection against consequentialism. Despite this, I argue that agent-centered restrictions are more plausibly (...) accommodated within a consequentialist framework than within the more standard side-constraint framework. For I argue that when we combine agent-relative consequentialism with a Kantian theory of value, we arrive at a version of consequentialism, which I call 'Kantsequentialism', that has several advantages over the standard side-constraint approach to accommodating constraints. What’s more, I argue that Kantsequentialism doesn’t have any of the disadvantages that critics of consequentializing have presumed that such a theory must have. (shrink)

In this paper I argue that many scholars involved in the contemporary free will debates have underappreciated the philosophical appeal of agent causation because the resources of contemporary emergentism have not been adequately introduced into the discussion. Whereas I agree that agent causation’s main problem has to do with its intelligibility, particularly with respect to the issue of how substances can be causally relevant, I argue that the notion of substance causation can be clearly articulated from an emergentist (...) framework. According to my proposal, a free agent is _a causally powerful substance that emerges in an anomic way from her constitutive mental events_, downwardly constraining, selecting and, in this way, having control on them. As we shall see, this particular concept of agent causation not only makes sense of the deep insight behind agent libertarianism, but it also provides us with the resources to solve some of the main objections that have been raised against it. It is true that here I cannot develop a complete defense of the evidential credentials of emergentism. Still, even if the considerations that follow do not serve to convince detractors of agent causal libertarian accounts of free will, they do suggest that libertarian agent causation is more promising than is typically acknowledged. (shrink)

We present a formal semantics for epistemic logic, capturing the notion of knowability relative to information (KRI). Like Dretske, we move from the platitude that what an agent can know depends on her (empirical) information. We treat operators of the form K_AB (‘B is knowable on the basis of information A’) as variably strict quantifiers over worlds with a topic- or aboutness- preservation constraint. Variable strictness models the non-monotonicity of knowledge acquisition while allowing knowledge to be intrinsically stable. (...) Aboutness-preservation models the topic-sensitivity of information, allowing us to invalidate controversial forms of epistemic closure while validating less controversial ones. Thus, unlike the standard modal framework for epistemic logic, KRI accommodates plausible approaches to the Kripke-Harman dogmatism paradox, which bear on non-monotonicity, or on topic-sensitivity. KRI also strikes a better balance between agent idealization and a non-trivial logic of knowledge ascriptions. (shrink)

In this chapter we reflect on questions about the nature and sources of agentive phenomenology – that is, the set of those experience-types associated with exercises of agency, and paradigmatically with intentional actions. Our discussion begins with pioneering work in psychology and neuroscience that dates to the early 80s (section 1). As we will see, much of the current work on agentive phenomenology in both psychology and philosophy draws motivation from this work, and the questions it raises. After discussing empirical (...) work relevant to agentive phenomenology, we turn to consideration of its nature. We cover questions about the scope of agentive phenomenology, about its relationship to other types of experiences (section 2.1), about the best way to characterize aspects of agentive phenomenology, and about the function of various types of agentive experience (section 2.2). (shrink)

-/- Les agents artificiels et les nouvelles technologies de l’information, de par leur capacité à établir de nouvelles dynamiques de transfert d’information, ont des effets perturbateurs sur les écosystèmes épistémiques. Se représenter la responsabilité pour ces chambardements représente un défi considérable : comment ce concept peut-il rendre compte de son objet dans des systèmes complexes dans lesquels il est difficile de rattacher l’action à un agent ou à une agente ? Cet article présente un aperçu du concept d’écosystème épistémique (...) et de la force de changement que représentent les nouvelles technologies pour celui-ci, puis illustre les difficultés rencontrées avec la notion classique de responsabilité dans les écosystèmes épistémiques. -/- Artificial agents and new information technologies, through their capacity to foster new information dynamics, have disruptive effects on epistemic ecosystems. Making sense of responsibility for these changes represent a challenge: the notion of responsibility struggles in complex systems, where actions are often hard to connect to an agent. This paper presents an overview of the concept of epistemic ecosystem and of the potential for disruption in new technologies, and then illustrates the difficulties with the classical notion of responsibility in such cases. (shrink)

According to the standard interpretation of Einstein’s field equations, gravity consists of mass-energy curving spacetime, and an additional physical force or entity—denoted by Λ (the ‘cosmological constant’)—is responsible for the Universe’s metric-expansion. Although General Relativity’s direct predictions have been systematically confirmed, the dominant cosmological model thought to follow from it—the ΛCDM (Lambda cold dark matter) model of the Universe’s history and composition—faces considerable challenges, including various observational anomalies and experimental failures to detect dark matter, dark energy, or inflation-field candidates. This (...) paper shows that Einstein’s Equivalence Principle entails two possible physical interpretations of General Relativity’s field equations. Although the field equations facially appear to support the standard interpretation—that gravity consists of mass-energy curving spacetime—the field equations can be equivalently understood as holding that gravitational effects instead result from mass-energy accelerating the metric-expansion of a second-order spacetime fabric superimposed upon an absolute, first-order Euclidean space, resulting in the observational appearance of spacetime curvature. This alternative interpretation of relativity is shown to be empirically equivalent to the standard interpretation of relativity, albeit with a changing value for Λ (which is similar to how Λ is understood in the conception of Λ as ‘quintessence’, but in this case takes Λ to be gravity). The reconceptualization is then shown to potentially resolve major observational anomalies for the ΛCDM model, including recent observations conflicting with ΛCDM predictions, as well as failures to directly detect dark matter, dark energy, and inflation field/particle candidates. (shrink)

I propose and defend a novel view called “de se consequentialism,” which is noteworthy for two reasons. First, it demonstrates—contra Doug Portmore, Mark Schroeder, Campbell Brown, and Michael Smith, among others—that agent-neutral consequentialism is consistent with agent-centered constraints. Second, it clarifies the nature of agent-centered constraints, thereby meriting attention from even dedicated nonconsequentialists. Scrutiny reveals that moral theories in general, whether consequentialist or not, incorporate constraints by assessing states in a first-personal guise. Consequently, de se consequentialism enacts (...) constraints through the very same feature that nonconsequentialist theories do. (shrink)

Recently, it has been a part of the so-called consequentializing project to attempt to construct versions of consequentialism that can support agent-relative moral constraints. Mark Schroeder has argued that such views are bound to fail because they cannot make sense of the agent relative value on which they need to rely. In this paper, I provide a fitting-attitude account of both agent-relative and agent-neutral values that can together be used to consequentialize agent- (...) class='Hi'>relative constraints. (shrink)

Artificial agents (AAs), particularly but not only those in Cyberspace, extend the class of entities that can be involved in moral situations. For they can be conceived of as moral patients (as entities that can be acted upon for good or evil) and also as moral agents (as entities that can perform actions, again for good or evil). In this paper, we clarify the concept of agent and go on to separate the concerns of morality and responsibility of agents (...) (most interestingly for us, of AAs). We conclude that there is substantial and important scope, particularly in Computer Ethics, for the concept of moral agent not necessarily exhibiting free will, mental states or responsibility. This complements the more traditional approach, common at least since Montaigne and Descartes, which considers whether or not (artificial) agents have mental states, feelings, emotions and so on. By focussing directly on mind-less morality we are able to avoid that question and also many of the concerns of Artificial Intelligence. A vital component in our approach is the Method of Abstraction for analysing the level of abstraction (LoA) at which an agent is considered to act. The LoA is determined by the way in which one chooses to describe, analyse and discuss a system and its context. The Method of Abstraction is explained in terms of an interface or set of features or observables at a given LoA. Agenthood, and in particular moral agenthood, depends on a LoA. Our guidelines for agenthood are: interactivity (response to stimulus by change of state), autonomy (ability to change state without stimulus) and adaptability (ability to change the transition rules by which state is changed) at a given LoA. Morality may be thought of as a threshold defined on the observables in the interface determining the LoA under consideration. An agent is morally good if its actions all respect that threshold; and it is morally evil if some action violates it. That view is particularly informative when the agent constitutes a software or digital system, and the observables are numerical. Finally we review the consequences for Computer Ethics of our approach. In conclusion, this approach facilitates the discussion of the morality of agents not only in Cyberspace but also in the biosphere, where animals can be considered moral agents without their having to display free will, emotions or mental states, and in social contexts, where systems like organizations can play the role of moral agents. The primary cost of this facility is the extension of the class of agents and moral agents to embrace AAs. (shrink)

The complexities of how justice comes to be realized, and by which agents, is a relatively neglected element in contemporary theories of justice. This has left several crucial questions about agency and justice undertheorized, such as why some particular agents are responsible for realizing justice, how their contribution towards realizing justice should be understood, and what role agents such as activists and community leaders play in realizing justice. We aim to contribute towards a better understanding of the landscape of these (...) kinds of questions. First, we argue that theorists should distinguish between (i) agents who are responsible for realizing justice, but not committed to it, (ii) agents who are not responsible for realizing justice, but who are committed to it, and (iii) agents who are both responsible for and committed to realizing justice. Second, we discuss how to incorporate agents of justice more robustly into theorizing about justice. (shrink)

Two radically different views about time are possible. According to the first, the universe is three dimensional. It has a past and a future, but that does not mean it is spread out in time as it is spread out in the three dimensions of space. This view requires that there is an unambiguous, absolute, cosmic-wide "now" at each instant. According to the second view about time, the universe is four dimensional. It is spread out in both space and time (...) - in space-time in short. Special and general relativity rule out the first view. There is, according to relativity theory, no such thing as an unambiguous, absolute cosmic-wide "now" at each instant. However, we have every reason to hold that both special and general relativity are false. Not only does the historical record tell us that physics advances from one false theory to another. Furthermore, elsewhere I have shown that we must interpret physics as having established physicalism - in so far as physics can ever establish anything theoretical. Physicalism, here, is to be interpreted as the thesis that the universe is such that some unified "theory of everything" is true. Granted physicalism, it follows immediately that any physical theory that is about a restricted range of phenomena only, cannot be true, whatever its empirical success may be. It follows that both special and general relativity are false. This does not mean of course that the implication of these two theories that there is no unambiguous cosmic-wide "now" at each instant is false. It still may be the case that the first view of time, indicated at the outset, is false. Are there grounds for holding that an unambiguous cosmic-wide "now" does exist, despite special and general relativity, both of which imply that it does not exist? There are such grounds. Elsewhere I have argued that, in order to solve the quantum wave/particle problem and make sense of the quantum domain we need to interpret quantum theory as a fundamentally probabilistic theory, a theory which specifies how quantum entities - electrons, photons, atoms - interact with one another probabilistically. It is conceivable that this is correct, and the ultimate laws of the universe are probabilistic in character. If so, probabilistic transitions could define unambiguous, absolute cosmic-wide "nows" at each instant. It is entirely unsurprising that special and general relativity have nothing to say about the matter. Both theories are pre-quantum mechanical, classical theories, and general relativity in particular is deterministic. The universe may indeed be three dimensional, with a past and a future, but not spread out in four dimensional space-time, despite the fact that relativity theories appear to rule this out. These considerations, finally, have implications for views about the arrow of time and free will. (shrink)

Free will is difficult to classify with respect to determinism or indeterminism, and its phenomenology in consciousness often shows both aspects. Initially, it is felt as unlimited and indeterminate will power, with the potentiality of multiple choices. Thereafter, reductive deliberation is led by determinism to the final decision, which realises only one of the potential choices. The reductive deliberation phase tries to find out the best alternative and simultaneously satisfying vague motivations, contextual conditions and personal preferences. The essential sense of (...) free will is the introduction of personal preferences, which allows a higher diversity of reactions to vague motivations. With an oversimplified model of determinism as a chain of events, incompatibilists define “free” as “undetermined” so that determinism becomes incompatible with any free choice between alternatives. In consciousness, free will requires a more complex model of network determinism as well as the consideration of unconsciousness as a causal factor. When “free” defined as “undetermined” is applied to the context of consciousness, it should be reinterpreted as “unconscious of being determined” or not aware of underlying determinism. Lacking information on determinism generates a feeling of “free” in consciousness and, therefore, gives the impression of indeterminism. Lacking information may be induced by an uncertain future without determined events—an unconscious past with biological reactions suddenly emerging from the unconsciousness or an unknown present unable to distinguish determinism of complex events. Therefore, at the level of human consciousness, the experience of free will is associated with apparent indeterminism although it is based on unconscious determinism. The concepts of compatibilism and incompatibilism are only two different aspects of the same phenomenon and correspond to consciousness and unconsciousness. Nevertheless, they can be considered together with a free will concept based on relativity depending on two different reference frames—the first person’s experience frame or the Laplace’s demon frame with knowledge on every molecule of the universe. Only relativity of the free will concept avoids the contradiction between “free” and “unfree” for the same phenomenon and could be a compromise for considering compatibilism and incompatibilism equally. (shrink)

Endurantism is not inconsistent with the theory of special relativity, or so I shall argue. Endurantism is not committed to presentism, and thus not committed to a metaphysics that is at least prima facie inconsistent with special relativity. Nor is special relativity inconsistent with the idea that objects are wholly present at a time just if all of their parts co-exist at that time. For the endurantist notion of co-existence in terms of which “wholly present” is defined, is not, I (...) will argue, a notion according to which co-existence is transitive. Although an absence of absolute simultaneity presents some problems for the endurantist claim that objects are wholly present whenever they exist, there are a number of ways that the endurantist can respond to this difficulty. Thus, I conclude, considerations pertaining to the theory of special relativity certainly do not rule out endurantism as a metaphysics of persistence. (shrink)

How should we make sense of praise and blame and other such reactions towards collective agents like governments, universities, or corporations? Collective agents can be appropriate targets for our moral feelings and judgements because they can maintain and express moral positions of their own. Moral agency requires being capable of recognising moral considerations and reasons. It also necessitates the ability to react reflexively to moral matters, i.e. to take into account new moral concerns when they arise. While members of (...) a collective agent are capable of this, the collective frames the thinking of the individual moral agents within it and affects their options in myriad ways. The moral positions thus formed and expressed belong to the collective. Crucially, unlike marginal moral agents, collective agents as moral actors can be held fully responsible for their acts and omissions. (shrink)

Contemporary philosophers and scientists have done much to expand our understanding of the structure and neural mechanisms of joint action. But the phenomenology of joint action has only recently become a live topic for research. One method of clarifying what is unique about the phenomenology of joint action is by considering the alternative perspective of agents subsumed in group action. By group action we mean instances of individual agents acting while embedded within a group agent, instead of with individual (...) coordination. Paradigm examples are educational bureaucracies, corporations, and nation states. There is a phenomenological difference between agents whose actions are subsumed within a group action (“the university did X”) as compared to agents who act jointly (“we did x”). Attending to this difference clarifies what is phenomenologically distinctive about joint action. Appealing to an Aristotelian account of agency and to the metaphysical concept of weak emergence, we argue that what makes paradigmatic group action distinctive is the relative inaccessibility, un-revisability, and evaluative simplicity of the group agent’s goal(s) from the perspective of individual agents. This suggests that a distinctive feature of joint agency is the maintenance of a greater sense of individual agency. Put simply, joint agency is often experienced as an enhancement of the individuals’ agency precisely because our paradigmatic agential powers are extended intersubjectively as we act together. In contrast, group agency often involves a loss of the sense of agency, precisely because it is the emergent group agent that maintains the agential powers. (shrink)

Agent-based models have played a prominent role in recent debates about the merits of democracy. In particular, the formal model of Lu Hong and Scott Page and the associated “diversity trumps ability” result has typically been seen to support the epistemic virtues of democracy over epistocracy (i.e., governance by experts). In this paper we first identify the modeling choices embodied in the original formal model and then critique the application of the Hong-Page results to philosophical debates on the (...) class='Hi'>relative merits of democracy. In particular we argue that the “best-performing agents” in Hong-Page model should not be interpreted as experts. We next explore a closely related model in which best-performing agents are more plausibly seen as experts and show that the diversity trumps ability result fails to hold. However, with changes in other parameters (such as the deliberation dynamic) the diversity trumps ability result is restored. The sensitivity of this result to parameter choices illustrates the complexity of the link between formal modeling and more general philosophical claims; we use this debate as a platform for a more general discussion of when and how agent-based models can contribute to philosophical discussions. (shrink)

This paper motivates the idea that social robots should be credited as moral patients, building on an argumentative approach that combines virtue ethics and social recognition theory. Our proposal answers the call for a nuanced ethical evaluation of human-robot interaction that does justice to both the robustness of the social responses solicited in humans by robots and the fact that robots are designed to be used as instruments. On the one hand, we acknowledge that the instrumental nature of robots and (...) their unsophisticated social capabilities prevent any attribution of rights to robots, which are devoid of intrinsic moral dignity and personal status. On the other hand, we argue that another form of moral consideration—not based on rights attribution—can and must be granted to robots. The reason is that relationships with robots offer to the human agents important opportunities to cultivate both vices and virtues, like social interaction with other human beings. Our argument appeals to social recognition to explain why social robots, unlike other technological artifacts, are capable of establishing with their human users quasi-social relationships as pseudo-persons. This recognition dynamic justifies seeing robots as worthy of moral consideration from a virtue ethical standpoint as it predicts the pre-reflective formation of persistent affective dispositions and behavioral habits that are capable of corrupting the human user’s character. We conclude by drawing attention to a potential paradox drawn forth by our analysis and by examining the main conceptual conundrums that our approach has to face. (shrink)

Legg and Hutter, as well as subsequent authors, considered intelligent agents through the lens of interaction with reward-giving environments, attempting to assign numeric intelligence measures to such agents, with the guiding principle that a more intelligent agent should gain higher rewards from environments in some aggregate sense. In this paper, we consider a related question: rather than measure numeric intelligence of one Legg- Hutter agent, how can we compare the relative intelligence of two Legg-Hutter agents? We propose (...) an elegant answer based on the following insight: we can view Legg-Hutter agents as candidates in an election, whose voters are environments, letting each environment vote (via its rewards) which agent (if either) is more intelligent. This leads to an abstract family of comparators simple enough that we can prove some structural theorems about them. It is an open question whether these structural theorems apply to more practical intelligence measures. (shrink)

An on-going question for virtue ethics is whether it stands as a truly distinctive approach to ethics. In particular, there has been much discussion of whether virtue ethics can provide a viable understanding of right action, one that is a genuine rival to familiar consequentialist and deontological accounts. In this chapter I examine two prominent approaches to virtue ethics, (i) qualified agent and (ii) agent-based virtue ethics, and consider whether either can provide an adequate account of right action. (...) I begin with a presentation of their accounts of right action, including consideration of what is meant by the term “right action”. With this groundwork in place, I turn to a series of important objections that have been raised against these accounts, and consider some of the more prominent and promising responses that these objections have inspired. (shrink)

Informal rigour is the process by which we come to understand particular mathematical structures and then manifest this rigour through axiomatisations. Structural relativity is the idea that the kinds of structures we isolate are dependent upon the logic we employ. We bring together these ideas by considering the level of informal rigour exhibited by our set-theoretic discourse, and argue that different foundational programmes should countenance different underlying logics (intermediate between first- and second-order) for formulating set theory. By bringing considerations (...) of perturbations in modal space to bear on the debate, we will suggest that a promising option for representing current set-theoretic thought is given by formulating set theory using quasi-weak second-order logic. These observations indicate that the usual division of structures into \particular (e.g. the natural number structure) and general (e.g. the group structure) is perhaps too coarse grained; we should also make a distinction between intentionally and unintentionally general structures. (shrink)

The Lorentz transformation (LT) is explained by changes occurring in the wave characteristics of matter as it changes inertial frame. This explanation is akin to that favoured by Lorentz, but informed by later insights, due primarily to de Broglie, regarding the underlying unity of matter and radiation. To show the nature of these changes, a massive particle is modelled as a standing wave in three dimensions. As the particle moves, the standing wave becomes a travelling wave having two factors. One (...) is a carrier wave displaying the dilated frequency and contracted ellipsoidal form described by the LT, while the other (identified as the de Broglie wave) is a modulation defining the dephasing of the carrier wave (and thus the failure of simultaneity) in the direction of travel. The superluminality of the de Broglie wave is thus explained, as are several other mysterious features of the optical behaviour of matter, including the physical meaning of the Schrödinger equation and the relevance to scattering processes of the de Broglie wave vector. Consideration is given to what this Lorentzian approach to relativity might mean for the possible existence of a preferred frame and the origin of the observed Minkowski metric. (shrink)

The disappearing agent problem is an argument in the metaphysics of agency. Proponents of the agent-causal approach argue that the rival event-causal approach fails to account for the fact that an agent is active. This paper examines an analogy between this disappearing agent problem and the exclusion problem in the metaphysics of mind. I develop the analogy between these two problems and survey existing solutions. I suggest that some solutions that have received significant attention in response (...) to the exclusion problem have seen considerably less attention in response to the disappearing agent problem. For example, one solution to the exclusion problem is to reject the exclusion assumption. Analogously, one solution to the disappearing agent problem could be to deny the claim that the agent-causal approach and the event-causal approach are mutually exclusive. Similarly, proportionality theories of causation, a solution to the exclusion problem, can be transferred to the disappearing agent problem. After establishing the plausibility of the analogy between the two problems, I examine how this latter solution in particular can be transferred from the one problem to the other. (shrink)